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Electronic Discovery Law Blog Legal issues, news, and best practices relating to the discovery of electronically stored information.

Monthly Archives: March 2006

Finding Terminating Sanctions Against Defendant “A Close Call,” Court Imposes Negative Inferences for Bad Faith Spoliation of Damaging Email, Awards Attorneys’ Fees and Costs, and Issues Stern Warning


Adams v. Gateway, Inc., No. 2:02-CV-106 TS (D. Utah Mar. 6, 2006) (memorandum decision and order on de novo review of magistrate judge’s reports and recommendations and imposing sanctions) In this patent case, the U.S. District Court judge adopted two (sealed) Reports and Recommendations prepared by the magistrate judge which found that the defendant had… Continue Reading

During Initial Case Management Conferences, Magistrate Orders Mirror Imaging of All of Defendants’ Computers and Peripheral Equipment at Plaintiffs’ Expense, and Orders Parties to Meet and Confer on Appropriate Search Protocol


Balboa Threadworks, Inc. v. Stucky, 2006 WL 763668 (D. Kan. Mar. 24, 2006) Plaintiffs sued under the Copyright Act and the Lanham Act, claiming that defendants wrongfully copied digital embroidery designs and then sold the designs to at least one third party. Defendants filed a counterclaim and third party complaint alleging fraud and civil conspiracy.

Court Orders Non-Party to Produce Documents Derived From DOJ Document Database Using Particular Search Terms, and to Produce Entire Electronic Document Database from FTC Investigation


Tessera, Inc. v. Micron Tech., Inc., 2006 WL 733498 (N.D. Cal. Mar. 22, 2006) The plaintiff in this case licenses its semiconductor packaging technology directly to semiconductor manufacturers; typically, licensing agreements require the semiconductor manufacturers to pay plaintiff royalties on the volume of synchcronous RDRAM chips sold which uses its semiconductor packaging technology. Plaintiff’s complaint… Continue Reading

Halter To Present “Beyond the Federal Rules” At Upcoming DRI CLE

Posted in EVENTS

Preston Gates partner Julie Anne Halter is scheduled to present at A Guide to Understanding the New Federal Rules, a CLE seminar hosted by the Defense Research Institute (DRI) on May 18-19, 2006, in Philadelphia. Her section of the program, titled “Beyond the Federal Rules,” will cover important electronic discovery issues not covered by the… Continue Reading

Magistrate Finds No Further Response Necessary to Plaintiff’s Request for Production of Financial Database, and Denies as Premature Plaintiff’s Request for Direct Access to Database


Bob Barker Co. v. Ferguson Safety Prods., Inc., 2006 WL 648674 (N.D. Cal. Mar. 9, 2006) In this action for Lanham Act violations and related claims, the plaintiff moved to compel defendants to produce further documents in response to requests seeking various financial information. The defendants contended that the requests were overbroad and that, as… Continue Reading

Second Circuit Reverses Frank Quattrone Conviction for Obstruction of Justice and Witness Tampering

Posted in NEWS & UPDATES

In 2000, Credit Suisse First Boston Corporation (“CSFB”) employed Frank Quattrone as head of its Global Technology Group (the “Tech Group”). In that capacity, Quattrone managed approximately 400 technology investment bankers from the firm’s Palo Alto, California office. The Tech Group was responsible for CSFB’s investment-banking activity related to technology companies, including underwriting services. The… Continue Reading

Magistrate Sustains Plaintiff’s Objections to TIFF Imaged Documents and Orders Production in Native Format


Hagenbuch v. 3B6 Sistemi Elettronici Industriali S.R.L., 2006 WL 665005 (N.D. Ill. Mar. 8, 2006) In this patent infringement case, the defendant required plaintiff to come to its Rockford, Illinois offices in order to inspect defendant’s documents and things and to designate those documents and things that plaintiff deemed responsive to his request for production…. Continue Reading

Middle District of Pennsylvania Enacts New Local Rule Addressing Electronic Discovery, Effective December 1, 2005

Posted in NEWS & UPDATES

The new Local Rule 26.1 creates a duty on the part of counsel to “inquire into the computerized information-management systems used by their clients so that they are knowledgeable about the operation of those systems, including how information is stored and how it can be retrieved.” The new rule also requires counsel to “inform their… Continue Reading

Magistrate Orders Production of Tabulation Containing Mathematical Information Regarding Payroll and Timekeeping Data Despite Work Product Claim


Ayers v. SGS Control Servs., 2006 WL 618786 (S.D.N.Y. Mar. 9, 2006) Plaintiffs sued under the Fair Labor Standards Act (“FLSA”), alleging that defendants, through their payroll practices, failed to compensate their employees for overtime work. Plaintiffs requested that defendants be ordered to produce a tabulation containing mathematical information regarding payroll and timekeeping data. Defendants… Continue Reading

National Archives and Records Administration Revises Regulations Regarding Management and Disposition of Very Short-Term Temporary Email

Posted in NEWS & UPDATES

The National Archives and Records Administration (“NARA”) announced that it will be revising regulations to provide for appropriate management and disposition of very short-term email by allowing management of such records within the email system. Disposition of Electronic Mail Records with Short Retention Periods, Final Rule, 71 Fed. Reg. 8806-8808 (Feb. 21, 2006) (to be… Continue Reading

Defendant Ordered to Produce Documents in Native File Format and with Original Metadata


Nova Measuring Instruments Ltd. v. Nanometrics, Inc., 417 F. Supp. 2d 1121 (N.D. Cal. 2006) Nova Measuring Instruments Ltd. (“Nova”) filed a motion to compel production of documents pursuant to Patent L.R. 3-4 in this patent infringement matter adverse Nanometrics, Inc. (“Nano”). There was disagreement as to whether Nano was required to produce documents in… Continue Reading

After-Acquired Evidence that Employee Misused Laptop in Violation of Company Policy and Erased Data Survives Summary Judgment


Olson v. Int’l Bus. Mach.s, 2006 WL 503291 (D.Minn. Mar. 1, 2006) John Olson (“Olson”) sued International Business Machines (“IBM”) in connection with his termination of employment. Claims included employment discrimination in violation of the Minnesota Human Rights Act, violation of the Family Medical Leave Act of 1993, and intentional infliction of emotional distress. Health… Continue Reading

Production of Computer Printouts in Response to Interrogatories and Production Requests Not Deemed Unauthorized Data Dump


Jackson v. City of San Antonio, 2006 WL 487862 (W.D.Tex. Jan 31, 2006) In this case, which involves claims of entitlement to FLSA overtime wages, plaintiffs filed a motion to compel pursuant to Federal Rule of Civil Procedure 37(a). Plaintiffs alleged, in part, that defendants’ production of computerized pay and time records in response to… Continue Reading

Advisory Committee on Federal Evidence Rules to Consider New Rule Codifying Waiver of Privilege by Disclosure


Pike and Fischer’s Electronic Evidence Update, a service of Pike and Fischer Digital Discovery and e-Evidence, reported today that the Advisory Committee on the Federal Rules of Evidence will consider a new rule during a meeting on April 24. Proposed Federal Rule of Evidence 502 codifies waiver of privilege and work product protection by disclosure,… Continue Reading

Moure Featured in “Ask the Compliance Expert” Column

Posted in NEWS & UPDATES

Preston Gates partner Helen Bergman Moure was recently featured as the expert on ComplianceResources.org’s “Ask the Compliance Expert” column. The interview focuses on document retention and e-discovery. In the Q&A, Helen notes that some of the major challenges facing corporations include the “volume of electronic data being created and stored by individual users, education of… Continue Reading